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2018 DIGILAW 349 (UTT)

SHAUKEEN v. STATE OF UTTARAKHAND

2018-07-03

LOK PAL SINGH

body2018
JUDGMENT Hon'ble Lok Pal Singh, J. This petition has been filed by the petitioners for quashing the F.I.R. dated 12.12.2017, bearing case crime No. 289 of 2017, under Sections 147, 323, 504, 506, 452, 326 of I.P.C., registered at Police Station Pathri District Haridwar. Alongwith this writ petition, a joint compounding application has also been filed by the parties. In support of compounding application, affidavits have been filed by Mr. Ayyub (petitioner no. 5), Mr. Munfait (respondent no. 3), Mr. Ekhlakh (respondent no. 4), Mr. Ansar (respondent no. 5) and Mr. Mehatab respondent no. 6). It is submitted by the learned counsel for the parties that the parties have entered into the compromise and the matter has been amicably settled between them as all the accused and complainant are co-relatives and the respondent no. 3 does not want to press his case filed against the petitioners. It is prayed that the offences punishable under Sections 147, 323, 504, 506, 452, 326 of I.P.C., arising out of F.I.R. dated 12.12.2017, bearing case crime No. 289 of 2017, registered at Pathri District Haridwar, may be compounded and the entire proceedings of the said F.I.R. may be quashed. 2. Parties are present in the Court today except Mr. Ansar (respondent no. 5) and they are duly identified by their respective counsel. 3. Learned counsel for the respondent no. 3 submitted that dispute between the parties has now been settled amicably and they are left with no grudges and, now, they want to live peacefully in future. 4. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 5. Having considered submission of learned counsel for the parties and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed. 5. Having considered submission of learned counsel for the parties and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed. Impugned F.I.R. dated 12.12.2017, bearing F.I.R. No. 289 of 2017, under Sections 147, 323, 504, 506, 452, 326 of I.P.C., registered at Police Pathri District Haridwar, is hereby quashed. 7. Compounding application (CLMA No. 9273 of 2018) is, accordingly, disposed of.